Central Information Commission
Netrapal Singh vs Indian Army on 3 July, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/IARMY/A/2019/143533
Netrapal Singh .....अपीलकर्ाग /Appellant
VERSUS
बनाम
Central Public Information Officer
Chief Executive Officer
Cantonment Board
229 Race Course Road,
Ambala Cantt - 133 001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 24.06.2024
Date of Decision : 02.07.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 13.06.2019
CPIO replied on : Not on record
First appeal filed on : 15.07.2019
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 02.09.2019
Date of Previous Hearing : 27.04.2021
Date of Previous Decision : 27.04.2021
Date of order by Hon'ble High Court : 01.03.2024
Page 1 of 5
Information sought:
The appellant has sought the following information with reference to Sh. Subhash Chawla, Office Supdt. working as Storekeeper:
1. Copy of supply order issued to A.K. Traders.
2. Copy of bills submitted by A.K. Traders.
3. Copy of all payment vouchers of A.K. Traders.
4. Address & Sale Tax No. of A.K. Traders.
5. And other related information.
Submissions made by Appellant and Respondent during Hearing on 27.04.2021:
The appellant's representative submitted that she was not provided a suitable reply vide letter dated 27.08.2019.
The CPIO submitted that a suitable reply was given vide letter dated 27.08.2019.
The Commission has passed the following observations and directions on 27.04.2021:
In view of the submissions of the CPIO, the Commission finds no scope for any intervention in the matter and accordingly upholds the submissions of the CPIO. No further action lies.
The Appellant has challenged the above order dated 27.04.2021 passed by another bench of this Commission, in the Hon'ble High Court of Punjab and Haryana at Chandigarh, in CWP No. 16602 of 2022 in the case titled as Netarpal Singh versus Central Information Commission and others, wherein the Hon'ble High Court of Punjab and Haryana, has passed the following order dated 01.03.2024:
"6. The impugned order dated 27.04.2021 (Annexure P-4) apart from being based on a wrong premise, cannot be said to be a speaking order and accordingly, the present writ petition is allowed and the order dated 27.04.2021 (Annexure P-4) is set aside and the Central Information Commission is directed to decide the second appeal dated 02.09.2019 (Annexure P-3) filed Page 2 of 5 by the petitioner afresh, as expeditiously as possible, in accordance with the judgment of this Court passed in Rajwinder Singh's case (supra)."
In pursuance of the directions passed by the Hon'ble High Court of Punjab and Haryana at Chandigarh, vide order dated 01.03.2024, the instant Appeal has been listed on 24.06.2024, for fresh adjudication:
Relevant Facts emerged during Hearing on 24.06.2024:
The following were present:-
Appellant: Absent.
Respondent: Shri Harkesh Kumar, Accountant-cum-CPIO, attended the hearing through VC.
The appellant did not participate in the hearing as the hearing notice has retuned undelivered with remarks of postal authority 'Addressee cannot be located'.
The Respondent submitted that the Appellant is an employee (Safai Karamchari) of their office and after the directions passed by the Hon'ble High Court of Punjab and Haryana at Chandigarh, vide order dated 01.03.2024, he has called the Appellant in the office in person and furnished all the necessary information vide letter dated 14.06.2024, which as under:
"In Reference to letter referred above it is submitted that the required information in application dated 13.06.2019 under RTI ACT, 2005 has already been provided to the applicant in letter No.ACB/R&TS/2019/1481 dated 27.08.2019. Now the relevant information under RTI Act is again hereby provided as under:.
1. Copy of all sanctions for procuring the material are enclosed with payment vouchers.
2. Copy of all bills of M/S A.K. Traders enclosed herewith.
3. Copy of all payment vouchers of M/S A.K. Traders are enclosed herewith.
4. Address of M/S A.K. Traders is mentioned as Nicholson Road, Ambala Cantt on the bills & Sales Tax No. not mentioned on the bills and record of Sales Tax is not available in the record.
5. Entries of stock book are mentioned on the bills. Howeve, stock book is not traceable presently.
6. Copy of Comparative statement & items rates of A.K. Traders are enclosed with each payment voucher.
7. Copy of Office Order No. 90 dated 20.04.1999 is enclosed herewith.
8. Sh. Subhash Chawla worked as Store Keeper from 20.04.1999 to 31.12.2001."Page 3 of 5
A written submission has been received from Shri Harkesh Kumar, CPIO-cum- Accountant, vide letter dated 18.06.2024, a copy of which along with the enclosure has been sent to the Appellant and the same has been taken on record. The relevant extract of the same is as under:
"Sir, In Reference to letter referred above it is submitted that the required information in application dated 13.06.2019 under RTI ACT, 2019 has already been provided to the applicant in letter No.ACB/R&TS/2019/1481 dated 27.08.2019. A copy of the same is enclosed herewith.
In reference to above it is stated that their was some delay for providing the information as the information was too old i.e. 18 years old payment vouchers. The CPIO was also informed to the appellate authority. During this period the applicant also filed a complaint on the same points are also requested for information. This office provides the information vide this office letter No. ACB/R&TS/2019/1481 dated 27.08.2019 but in this reply this office forget to mention reference of RTI application. Previously, at the time of hearing by the CIC, New Delhi on 27.04.2021, the CIC decided as under:
OBSERVATIONS:
"Based on a perusal of the record, it was noted that the CPIO had provided a proper reply. The appellant's representative could not point out any deficiency in the reply given."
DECISION:
"In view of the submissions of the CPIO, the Commission finds no scope for any intervention in the matter and accordingly upholds the submissions of the CPIO. No further action lies."
A copy of order of the CIC dated 27.04.2021 is enclosed herewith. Now this office has again provided all relevant information to the applicant with previous letter dated 27.08.2019 with copy of all payment vouchers 28 pages i.e. copy of the all payment vouchers (with bill, quotations etc.) which was released by this office to M/s A. K. Traders, Ambala Cantt. vide this office letter No.ACB/RTI/ACCTT/2024/945 Dated 14.06.2024. A copy of the same is enclosed herewith.
Due to non receipt of information from concerned / relevant branch (as the record was too old i.e. 18 years old) the information was provided to the applicant on 27.08.2019.
There is no intentionally delay to provide the information to the applicant. A copy of the noting sheet of the Ist Appellate Authority in which it is clear that there is no delay at end of CPIO.
It is therefore, requested that please consider these appeal as the applicant have the information properly."
Decision Page 4 of 5 The Commission, after adverting to the facts and circumstances of the case, and perusal of records, observes that the Appellant is an employee (Safai Karamchari) of the Respondent and after the directions passed by the Hon'ble High Court of Punjab and Haryana at Chandigarh, vide order dated 01.03.2024, the Respondent has called the Appellant in the office in person and has furnished all the relevant information available on their records to him vide letter dated 14.06.2024 and further provided the proof of receiving given by the Appellant in lieu of information received and hence, no further action is required in the instant case.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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